Q:

Can you get a divorce if you don't sign the papers?

A:

Quick Answer

A divorce can be finalized even if one spouse does not sign the divorce papers, according to Legal Zoom. Each state has specific laws and requirements for divorce.

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Can you get a divorce if you don't sign the papers?
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For example, in Indiana, if one spouse claims an irretrievable breakdown of the marriage on the divorce petition and at the hearing, the judge may grant the divorce without the signature or agreement of the other spouse, states Indiana Legal Services. In cases where the spouse cannot be located to sign the divorce paperwork, the court might order the spouse filing the petition to post a public notice in the newspaper or take other steps to locate the spouse, states Law Help in Washington, D.C. If these steps are unsuccessful, the divorce is granted without the other party's signature.

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Related Questions

  • Q:

    How should one proceed if a spouse won't sign divorce papers?

    A:

    Should a spouse refuse to sign divorce papers, it is still possible to proceed with the divorce by filing legal paperwork as a single petitioner. According to LegalZoom, a spouse's signature is only necessary if both parties are agreeing to the divorce petition by filing jointly. Alternatively, one spouse can obtain a legal complaint for divorce (not the joint version), fill it out and file it.

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  • Q:

    What are the legal rights of women in divorce proceedings?

    A:

    As of 2015, a woman's legal rights in divorce proceedings include financial support, access to equity in the marital home, retirement benefits and access to legal fees, according to Legal Zoom. Rights can vary depending on the state and jurisdiction.

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  • Q:

    Can you fill out divorce papers on your own or do you need a lawyer?

    A:

    A lawyer is not required to fill out divorce papers and file them with the county clerk, according to DivorceNet. Divorcing couples often file their own paperwork to save money on attorney's fees and court costs.

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  • Q:

    How do you print free divorce papers?

    A:

    Free divorce papers are usually available at state legal aid websites, and these interactive forms are available to low-income individuals, as explained by Legal Aid Network of Kentucky. A free divorce settlement agreement is available for printing at RocketLawyer's website contingent upon acceptance of a free trial offer.

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